Section 137 of the Code of Civil Procedure, 1908
Language of subordinate Courts. Section 137 CPC deals with the language used by courts subordinate to a High Court, the State Government's power to prescribe that language and script, and the use of English for written matters other than the recording of evidence.
Text of Section 137 CPC
137. Language of subordinate Courts.
(1) The language which, on the commencement of this Code, is the language of any Court subordinate to a High Court shall continue to be the language of such subordinate Court until the State Government otherwise directs.
(2) The State Government may declare what shall be the language of any such Court and in what character applications to and proceedings in such Courts shall be written.
(3) Where this Code requires or allows anything other than the recording of evidence to be done in writing in any such Court, such writing may be in English; but if any party or his pleader is unacquainted with English, a translation into the language of the Court shall, at his request, be supplied to him; and the Court shall make such order as it thinks fit in respect of the payment of the costs of such translation.
What Section 137 CPC means
Section 137 preserves the existing language of a subordinate court unless the State Government directs otherwise. It also authorizes the State Government to prescribe both the language and the character or script in which applications and proceedings are to be written.
For written matters other than recording evidence, subsection (3) permits English. If a party or pleader does not understand English, a translation into the court language must be supplied on request, subject to such order as the court considers appropriate regarding translation costs.
State Amendments
Rajasthan
For subsection (3) of Section 137, Rajasthan substitutes the following provision:
"(3) Wherever this Code requires or allows anything other than the recording of evidence to be done in writing in any such court, such writing shall be in Hindi in Devnagri Script with the international form of Indian numerals:
Provided that the court may in its discretion accept such writing in English on the undertaking of the party filing such writing, to file a Hindi translation of the same, within such time as may be granted by the court and the opposite party shall have a right to have a copy of such writing in Hindi."
Source: Rajasthan Act 7 of 1983, section 2.
Uttar Pradesh
Uttar Pradesh Act No. 17 of 1970 provides for amendment of Section 137 in its application to Uttar Pradesh. The uploaded page reproduces the following proviso to subsection (3):
"Provided that with effect from such date as the State Government in consultation with the High Court may by notification in the Gazette appoint, the language of every judgment, decree or order passed or made by such courts or classes of courts subordinate to the High Court and in such classes of cases as may be specified shall only be Hindi in Devanagari Script with the international form of Indian numerals."
Source: U.P. Act No. 17 of 1970.